2008-06-05 TSULLIVAN - Laserfiche WebLink

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comes up specifically, and it states a shoreline survey, when a parcel abuts the shoreline. And so our position has been, as well as I think this is what the survey was referencing, is that this whole issue of whether or not a survey is required begs the question as to whether or not the parcel abuts the shoreline. And our position is that it does not because you have a road lot that is between that you saw today, and you even have portions of the property on the makai side of that road. That’s one issue. Responding briefly to what Mr. Yuen said, what he told you there today, at the very beginning of this hearing, is that they determined that the application was not complete during the period of time that they had to determine this application. Because within that period of time, there had been this change. But we know that this determination was made by them after the deadline. That’s the point that we’re making as to why it should have been deemed complete at a certain point. WATANABE: On the other hand, Mr. Yeh, I’m still trying to focus on where we’re going, not where we’ve been. YEH: Yes. WATANABE: And, with that, because of the rules on whether a Commissioner can testify or not, I would like to clarify or have someone clarify on the record what those white lines represented by the surveyor. Because that is information that, in my mind, was not available to anyone of us prior to this at a 3.2 tide. And again, it’s a matter of interpretation as to where that line would have been on any given day, especially in reference to, I forget what exhibit it was, but with the luas and the water actually crossing the road. And if you, if you take this all in context, yeah, it’s possible, we don’t think it’s probable now, but it’s possible that at a 3.2 tide the ocean actually could have crossed the road. And if we can establish that, then maybe we can move on. YEH: All right. Why don’t, this may be a good time for, well Ms. Sullivan can talk about that issue, because she was there yesterday with both the surveyor as well as the DLNR representative, and then Ms. Duman later can verify that if that’s necessary. SULLIVAN: Mr. Young is involved with getting the road repaved. Okay. The homeowner’s association hasn’t had – not done. It hasn’t been fixed since 1962. So part of the 3.2 problem is the fact that we have a lot of deterioration on that road from the traffic that you saw how it was out there. Okay. That’s on the side. I was there yesterday with Mr. Chris Conger, Larry Brown, Esther and Niels Christensen and Dan Berg of the Independent Hawaii Surveyors, who Mr. Young hired. And they, and Mr. Berg went out while the tide was ebbing and, while the tide was at its highest, and went and marked each one of those spots that we saw. So all 14 of the spots that he marked were where the water was at its highest. And hemarked them so that he could come back today, as you saw, and survey, and bring out the surveyors and the, you know. Okay? WATANABE: So that’s where it was? SULLIVAN: Yes, that’s how it happened. 26